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Hi, I received an Advertisement letter from attorney offering service for lawsuit, after researching online I found out Midland Fund entered what it seems a E-filed on 5/4/2018. After reading some post in this forum, I I felt much better and with some hope. I appreciate any advice that can be given. This is the information I found through the Miami-Dade court's online services:
06/14/2018
Small Claims Pre-Trial Conference
Hearing
Thank you for your assistance!!!
1. Who is the named plaintiff in the suit?
Midland Funding LLC- Plaintiff is a Delaware Limited Liability Company, authorized to do business in Florida
2. What is the name of the law firm handling the suit?
Its not very clear but it has a lot of names for attorneys for plaintiff- with a check mark on an esq' name
3. How much are you being sued for?
$1800, and the costs of this suit.
4. Who is the original creditor? (if not the Plaintiff)
COMENITY CAPITAL BANK
5. How do you know you are being sued? (You were served, right?)
No, I received an Advertisement letter from attorney offering service for lawsuit against me and it mentions that the case # is on the envelope ( I thought it was a scam but I looked and found it at the Miami-Dade court's online services)
6. How were you served? (Mail, In person, Notice on door)
Nothing as of today.
7. Was the service legal as required by your state?
how can I know if the service is legal?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
to the best of my knowledge, I dont recall talking to any of them, however, I have an app that blocks unknown or scammers calls.
9. What state and county do you live in?
Florida, Miami Dade
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
there is a bill with the papers I saved from the court's website- it states 05-02-2016
11. When did you open the account (looking to establish what card agreement may be applicable)?
5-16-2014
12. What is the SOL on the debt?
4 yrs
13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
I have Small Claims pre-trial conference hearing on 6-14-18
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
No
16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
Where is this information?
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
With the online records I see- 1 bill statement from OC; affidavit of sale from OC , bill of sale from OC; as exhibits -asset schedule; letter to old address that MCM is new owner
Thanking you in advance!!